Palanichamy, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.05.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA H.C.P.(MD)No.357 of 2019 Palanichamy ... Petitioner Vs.

1.The State rep. by the The Superintendent of Police, Pudukottai, Pudukottai District.

2.The Inspector of Police, Sampatti Viduthi Police Station, Pudukottai District.

3.Kamalakannan ... Respondents PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, to direct the respondents 1 and 2 to produce the person or body of the petitioner's minor daughter, namely Nandhini, daughter of Palanichamy, aged about 17 years old before this Court and hand over custody to the petitioner.

For Petitioner : Mr.R.Karunanidhi For RR 1 & 2 : Mr.v.Neelakandan, Additional Public Prosecutor.

ORDER

(Order of the Court was made by S.S.SUNDAR,J.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 and 2 to trace out and produce the detenu by name Nandhini, aged 17 years, daughter of the petitioner.

2.The petitioner and the detenu are present and they have been identified by their counsel.

3.The petitioner is the father of the minor daughter, namely Nandhini. It is stated in the petition that the petitioner's minor daughter, who has completed 10th standard, was found missing. The petitioner suspected that one Kamalakannan, the third respondent herein, who was disturbing his daughter, had taken custody of his minor daughter.

https://hcservices.ecourts.gov.in/hcservices/

4.When we enquired the detenu, she stated that she was in Tiruppur for getting an employment in a Garment factory. She further stated that she was staying along with a co-worker. She also stated that she was not detained by anyone illegally and she was away from her parents on her own. It is further stated by the detenu that her parents are compelling her to marry, which was disputed by the father of the petitioner. However she expressed her willingness to go with the petitioner/father. 5.Considering the fact that the detenu was not detained illegally from anyone and she expressed her willingness to go with her father, this Habeas Corpus Petition is closed. Sd/- Vacation Officer/ Assistant Registrar // True Copy // Sub Assistant Registrar(CS) ps To 1.The Superintendent of Police, Pudukottai, Pudukottai District.

2.The Inspector of Police, Sampatti Viduthi Police Station, Pudukottai District.

3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.R.KARUNANIDHI, Advocate Sr. No. 66209 H.C.P.(MD)No.357 of 2019 22.05.2019 DB(CO) TR (31.05.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/